Snyder v. Murdock
Utah Supreme Court
Appeal from the Fourth District Court, Wasatch County, Hon. J. E. Booth, Judge. This case involves practically the same questions as the next preceding case, excepting that one additional question in respect to certain water stock is herein raised. In the lower court defendant had judgment and plaintiff appealed. We submit that the water rights levied upon were appurtenant to the land, and if land passed by the assignment, the water right passed with it.
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Appeal from the Fourth District Court, Wasatch County, Hon. J. E. Booth, Judge. This case involves practically the same questions as the next preceding case, excepting that one additional question in respect to certain water stock is herein raised. In the lower court defendant had judgment and plaintiff appealed. We submit that the water rights levied upon were appurtenant to the land, and if land passed by the assignment, the water right passed with it. R. S. Utah, 1898, Sec. 1381; Comp. Laws, 1888, Sec. 3783; Laws Utah, 1897, p. 334, Sec. 31; Gave v. Crafts, 53 Cal. 135; Kinney Irr., ss.…
1Opinion of the CourtMiner, J.
The allegations in this complaint are substantially the same as are contained in the case of Snyder, Assignee v. Murdock, et al., heretofore decided at this term, except that in this case 22 shares of stock in the Wasatch Irr. Company, a corporation organized and existing under the laws of this state, standing in the name of Heber Rasband, *423and two shares of the same stock standing in the name of James Rasband, and one share of the same stock standing in the name of Frederick Rasband, the assignors.
It also appears that certificates for said stock had not been issued by the company, but that…
2Cases cited5 opinions
- Lowe v. MatsonIllinois Supreme Court · 1892
- St. George's Church Society v. BranchSupreme Court of Missouri · 1894
- Bear Lake & River Waterworks & Irrigation Co. v. Ogden CityUtah Supreme Court · 1893
- Blilings v. ParsonsUtah Supreme Court · 1898
- Pitman v. Marquardt & SonsIndiana Court of Appeals · 1898
3Cited by3 opinions
- George v. RobisonUtah Supreme Court · 1901
- Cortella v. Salt Lake CityUtah Supreme Court · 1937
- Black v. JohansonUtah Supreme Court · 1933